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Employment Law

Harassment ‘cure’ can’t burden employee more

03/29/2011

Employers have an obligation to stop illegal harassment as quickly as possible. But jumping at the first apparent solution may not be the best way to go. First, consider whether the proposed fix makes things worse for the victim. If it does, you’ll need to take another approach.

Don’t change termination reason after the fact

03/29/2011

Before you officially terminate an employee, make sure you have nailed down the reasons. That’s the official word—even if your decision is challenged. Here’s why: A court may see new or additional reasons as evidence that the first reasons were just excuses.

Supreme Court: Check boss bias before discipline

03/29/2011
It’s more important than ever now for HR professionals to independently check supervisors’ disciplinary recommendations to ensure that they have no ulterior motives. That’s because the U.S. Supreme Court, in a much-anticipated “cat’s paw” ruling, said that an employer can be found liable for the discriminatory intent of supervisors who influence—but don’t ultimately make—an adverse employment decision.

One sex always does the dirty work? Be prepared to show that it’s essential

03/28/2011

If supervisors disproportionally push either men or women to perform certain distasteful or dangerous tasks, you could face a sex discrimination claim. If that happens, you had better be prepared to show that gender is a bona fide occupational qualification for the tasks.

Consider all options: When co-worker harasses, termination isn’t the only way to avoid liability

03/25/2011

The key to handling any kind of harassment case involving co-workers is to immediately investigate the allegations and follow up with solutions designed to stop the mis­behavior. But those solutions don’t always have to include terminating the har­assing co-worker. Suspensions, training and other remedial actions may be enough …

Comparing paychecks: Can we prohibit it?

03/25/2011
Q. You recently wrote that the National Labor Relations Act gives employees the legal right to discuss their pay with one another. Our office policy has always been that we do not allow this. Are we within our legal rights to prohibit it? We are a private medical practice with 88 employees and four offices.

Supreme Court backs employee following ‘cat’s paw’ boss bias

03/24/2011
The U.S. Supreme Court has unanimously ruled that an employer may be held liable for employment discrimination under the Uniformed Services Employment and Reemployment Rights Act (USERRA), based on the discriminatory animus of an employee who influenced, but did not make, an ultimate employment decision.

How to discipline employees for working unauthorized OT

03/24/2011
Hourly employees know that if they work overtime, their employer must pay them for the extra hours. That’s true, but it doesn’t mean they can work OT whenever they feel like it. Here’s how to end unauthorized overtime:

Employees, employers embrace S.F. paid leave ordinance

03/23/2011

Employees and employers alike have embraced San Francisco’s generous paid sick leave law, according to a new survey by the nonprofit Institute for Women’s Policy Research. The law, enacted in 2007 after being approved by San Francisco voters, requires employers to credit workers with one hour of paid sick leave for every 30 hours they work.

FMLA isn’t carte blanche for all sick leave

03/23/2011

Some employees with chronic health conditions believe that getting approved for intermittent FMLA leave means they can take protected time off anytime they feel sick. That’s simply not true. Intermittent leave can only be taken for illness, treatment or flare-ups directly related to a condition for which a health care provider has certified intermittent leave.